DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 8878-19                                                            
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 16 December 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 23 October 1995.  On 4 August 1997, a command investigation substantiated misconduct and orders violations by you and another enlisted Sailor.  On 5 August 1997, you received nonjudicial punishment (NJP) for two specifications of violating Article 92 (failure to obey lawful orders/ fraternization policy) of the Uniform Code of Military Justice (UCMJ).  You were awarded forfeiture of pay and reduction in rank to E-3. Subsequently, administrative discharge action was initiated by reason of commission of a serious offense, homosexual conduct as evidenced by your statement, and homosexual conduct as evidenced by homosexual acts aboard USS          .  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive a general (under honorable conditions) discharge and the separation authority approved your separation from the Navy.  On 23 September 1997, you were discharged with a general characterization of service, separation code “HKQ,” a reentry (RE) code “RE-4,” and a narrative reason for separation “misconduct/serious offense.” 

You request the Board upgrade your discharge to honorable and change your RE code.  You assert, “The ‘Don’t Ask, Don’t Tell (DADT)’ policy was unjust and against my human rights.” You also noted that, “Until recently I didn’t know that I even had the right to have my DD 214 upgraded.” The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge or RE code given your misconduct, and the Board found no error in the records.  UNSECDEF memorandum of 20 September 2011 (Correction of Military Records Following Repeal of 10 U.S.C. §654) sets forth the Department of the Defense’s current policies, standards and procedures for correction of military records following the DADT repeal of 10 U.S.C. §654.  It provides service Discharge Review Boards with guidance to grant requests to change the narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” re-characterize the discharge to honorable, and change the reenlistment code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment, and there are no aggravating factors in the record, such as misconduct.  The Board noted that although you were administratively processed for homosexuality and misconduct, the separation authority directed that you be discharged due to misconduct.  

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


1/16/2020